The court considered the issue of surface subsidence as a nuisance owing to the working of minerals under or adjoining his property.
Held: depreciation in the market value of the property attributable to the risk of future subsidence cannot be taken into account. To recover damages the surface owner is obliged to wait until the damage or injury caused by subsidence has happened.
Citations:
[1908] AC 27
Jurisdiction:
England and Wales
Cited by:
Cited – Network Rail Infrastructure Ltd v Williams and Another CA 3-Jul-2018
Japanese Knotweed escape is nuisance
The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 18 May 2022; Ref: scu.619259